A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003, which took effect in 2004 and to which no legislative amendment has been made since. Japan is, however, expected to amend its Arbitration Act imminently. After several steps in both the public and private sectors to build the country as an international dispute resolution hub during the last few years, an overhaul of the underlying…
JAPAN Yoshiaki Muto, Takeshi Yoshida, Dominic Sharman and Yuko Kai A. LEGISLATION AND RULES A.1 Legislation International arbitration…
JAPAN Yoshiaki Muto, Takeshi Yoshida, Dominic Sharman and Yuko Kai A. LEGISLATION AND RULES A.1 Legislation International arbitration…
In a recent case, Japan’s Supreme Court overturned a decision of the Osaka High Court to set aside a JCAA award on the ground that the presiding arbitrator had failed to disclose relevant facts to the parties.[1] In the arbitration subject to this decision, the presiding arbitrator was a partner in the Singapore office of a global firm, and an attorney in the Firm’s US office represented an affiliate of the claimants in an ongoing…
The European Union and Japan have announced the main elements of a new economic partnership agreement, which has…
The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia, Japan, Malaysia, New Zealand, Singapore and the United States, which represent around 40% of global GDP and one third of world trade. The text of the TPP is still being finalised by the TPP States and is not yet available. Reports indicate that the TPP includes an Investment Chapter with a…
The amended Japan Commercial Arbitration Association (“JCAA”) arbitration rules came into effect on February 1, 2014. These amendments…